RSS

Category Archives: Administrative Law

Administrative Law vs. “Show Me The Law!”


Rowan County is located in Kentucky.  Kim Davis is the Rowan County clerk who has repeatedly refused to issue marriage licenses to same-sex couples and has therefore been jailed by order of a federal judge.

Here’s a video of a Kentucky attorney, Michael Peroutka, explainting a constitutional defense for Ms. Davis at a rally.  He argues that she’s broken no law, because there is no law requiring her to issue marriage licenses to homosexuals.  Yes, there may be court opinions alleging that Ms Davis must issue such licenses, but court opinions are not “law”–they are only opinions.

video    00:06:57

 

As Mr. Peroutka pointed out, Article 1 Section 1 of the federal Constitution declares, “All legislative Powers herein granted shall be vested in a Congress of the United States . . . .”  If all legislative powers are vested in Congress, no legislative powers are vested in the courts (or in the executive branch, which is currently famous for issuing executive orders that seem to have the force of “law”). That means that the judicial and executive branches of the federal government have no authority to legislate and “make” law.

If the only charges against Kim Davis are that she’s defined a court opinion and/or executive order, then she has broken no law and it’s wrong, fraudulent and illegal to jail her for breaking a law because there is no such law.

Read the rest of this entry »

Advertisements
 
 

Tags: , , , ,

Congress is Wheelin’ and Dealin’


Deal2Today, The Washington Examiner published an article entitled “Kerry:  U.N. has the right to vote on Iran deal before Congress.”  The article focused on the recent preliminary agreement between Iran and the U.S. on the subject of nuclear weapons for Iran.

Including the headline, the article has 260 words.  The word “deal” appeared five times.  The word “treaty” didn’t appear even once.

Of course, The Washington Examiner article was not a Supreme Court decision.  We can’t assume that the article’s word choices reflect the actual law and relies on legal terms.  Still, it’s odd that the article repeatedly describes this agreement between the nations of Iran and the U.S. as a “deal” but never once called it a “treaty”.

Shouldn’t we expect that an agreement between two nations would be called a “treaty”?

Read the rest of this entry »

 

Tags: , , , , , ,

Speculation on Non-Judicial Immunity


Contradiction? [courtesy Google Images]

Contradiction?
[courtesy Google Images]

The following email got me thinking:

 

Dear Mr. Adask ……………..

I sent the letter to you below back on 22 December 2014 and have been following your emails since then and so far no mention of the issue I presented.  Since then I have gone through the Federal District Court System and the Federal Circuit Court System and have identified eleven corrupt members of the judiciary. Now I am preparing a Writ of Certiorari to the United States Supreme Court on the issue of whether a judge who breaks the law is immune from damages liability if in breaking settled law he observes otherwise correct procedural guidelines. I believe the absurdity of that proposition to be absolutely dumbfounding!

So now we will see what the SCT has to say. I entertain no high expectation even though the SCT made it clear in Stump v. Sparkman that judges who perform non-judicial acts shed their immunity!

It’s serious stuff, Mr. Adask. I just hope the book I’m writing about this increasingly screwed up legal system of ours will effect some mid-course correction!

Read the rest of this entry »

 
131 Comments

Posted by on June 14, 2015 in Administrative Law, Immunity

 

Tags: , , , ,

Court Orders Defendant to Commit Perjury?


CrackingCode1First published in A.D. 2003, Cracking The Code is one of, perhaps the, premier book on how to avoid paying income taxes to the IRS.  Peter Eric Hendrickson is the book’s author.  His wife is Doreen Hendrickson.  He seems strong.  She does not.

I can imagine that, in court, Mr. Hendrickson would be a formidable opponent but Mrs. Hendrickson might be less focused, less confident, and more easily convicted of an offense.

According to Pete Hendrickson, tens of thousands of people have successfully used the strategy presented in his book to stop paying income taxes.  The IRS has not been pleased.  So far as I know, the IRS has never expressed its displeasure by charging Mr. Hendrickson with willful failure to file, tax evasion, etc.  However, the IRS has successfully prosecuted Mrs. Hendrickson for income tax evasion and caused her to be sentenced to 18 months in prison.

I don’t know what the IRS’s motivation was to prosecute Mrs. Hendrickson, but judging from the following video, her prosecution may have been, at least in part, retaliation against her husband for publishing Cracking the Code.

Read the rest of this entry »

 
177 Comments

Posted by on June 13, 2015 in Administrative Law, Income Tax, IRS, Notice

 

Tags: , , ,

Bond vs U.S.


Close-up of the Supreme Court building in Wash...

Image via Wikipedia

Surely, there must be some mistake.

On June 16th, A.D. 2011, the Supreme Court of the United States issued its opinion in the case of Bond v U.S..  This case involves the standing of private individuals to invoke the 10th–and, to lesser degree, the 9th–Amendments.  The total document (syllabus, opinion and concurring opinion) released by the Supreme Court is 19 pages.

As I read that case, I find excerpts on almost every page that strike me as mind-boggling, explosive and even revolutionary.  I can’t recall reading another case in the past 28 years that filled me with such excitement, glee and even hope.

I see this decision as so extraordinary, that I can’t imagine how the Supreme Court (in a 9 to 0 decision (!!!)), would dare write this opinion without fearing for their lives.

This case seem so good, that my fundamental reaction is:  Surely, there must be some mistake.

Read the rest of this entry »

 

Tags: , , , , ,

Title 26 is not the Internal Revenue Code


United States Internal Revenue Service Crimina...

Image via Wikipedia

The United States Code (USC) consists of 51 “Titles”.  Each “Title” deals with a different subject matter.  For example, Title 26 deals with internal revenue tax laws.

Roughly half of those 51 Titles have been enacted into “positive law”; about half have not.

Title 26 has not been enacted into positive law.

A friend mine, Dick Clark, passed away a few years ago.  He’d been at war with the IRS for most of 20 years before he passed, and had written a book on the subject.   As part of his research, Dick asked the National Archives for a list of those Titles in the USC that had been enacted into “positive” law and those Titles that had not.  The National Archives provided the requested list.

I never saw the list.  But Dick told me that, surprisingly, of the 51 Titles on the National Archive list—only one, Title 26, had an asterisk and associated footnote at the bottom of the list.  The footnote said something like “Title 26 is identical to the Internal Revenue Code”.

The implication was extraordinary.  Title 26 was not the Internal Revenue Code (IRC)  Title 26 and the IRC were two different documents.  Yes, they might be “identical” in terms of verbiage, but they were not identical in terms of authority.

Read the rest of this entry »

 

Tags: , , , , , , , ,

Notes on “Territory” and “People”


Detail of Preamble to Constitution of the Unit...

Image via Wikipedia

It appears to me (and others) that the States of the Union (“The States”) may have been rendered insolvent and non-functional when the federal government removed gold (A.D. 1933) and silver (A.D. 1968) from domestic circulation.

Article 1.10.1 of The Constitution of the United States declares that “No State [of the Union] shall . . . make any Thing but gold and silver Coin a Tender in Payment of Debts.”  Note that this prohibition applies only to States of the Union–not to territories and/or the federal government.  How can the governments of the States of the Union continue to function constitutionally if there’s no gold or silver in circulation with which to pay debts or collect fines and fess?

Thus, it appears possible that the governments of the States of the Union could have been virtually destroyed by simply removing gold and silver coin from domestic circulation.  Which is exactly what the federal government has done.

Read the rest of this entry »

 

Tags: , , , , , , ,